Absentee Balloting

PURPOSE: This rule sets out procedures for absentee balloting in addition to those found in Chapter 115, RSMo. (1) All jurisdictions using electronic data processing tabulation systems may conduct absentee balloting by the same means. The requirements of Chapter 115, RSMo shall be followed. (2) For absentee ballots to be voted within the office of the election authority, the election authority may provide voting tabulation machines as provided in 15 CSR 30-10.030. (3) For absentee ballots to be voted elsewhere, the election authority shall provide— (A) A printed paper ballot listing of the offices, candidates, and questions containing reproductions of the pages of the ballot label assembly used for voting; (B) Absentee voting instructions in substantially the same form as section (5) of this rule; (C) Ballot envelope, if used; and (D) Envelope for returning voted ballot to election authority. (4) The absentee ballots received in absentee ballot envelopes by the election authority as allowed by law and received prior to the time fixed by law for the closing of the polls on election day shall be deemed cast according to 115.286, RSMo. The absentee envelope shall be hand marked or stamped as it is received indicating the date and time the absentee ballot envelope was received. If the absentee envelope is missing any required information and is not complete, the absentee ballot shall not be counted and shall be rejected. There shall be no attempt to contact the voter to correct information required that is missing from the absentee envelope once the absentee envelope is in the possession of the election authority and his or her office. (5) Absentee voting instructions are shown in Exhibit 3. EXHIBIT 3 Sample Absentee Voting Instructions ABSENTEE VOTING INSTRUCTIONS READ ALL INSTRUCTIONS BEFORE VOTING Your 'ballot packet' consists of— • Official absentee paper ballot listing offices, candidates, and/or questions; and • Absentee voting instructions If you make an error and spoil your paper ballot in any manner, you may return the ballot packet to the election authority and request a new ballot. TO VOTE Read the official absentee paper ballot noting the offices, the candidate names, questions, and other special instructions. INSTRUCTIONS FOR MARKING BALLOT(S) USE A BLACK OR BLUE PEN; VOTE BOTH SIDES OF THE BALLOT • Place the paper ballot in the absentee ballot envelope; • In the presence of a notary public, fill out the envelope including your signature. Let the notary sign, date, and witness the envelope if required; • Place the absentee ballot envelope inside the large envelope after the notary fills out his/her section, if a notarization is required; • Seal the large envelope; and • Return the envelope to the election authority either in person or by the U.S. Postal Service, postage is prepaid on the absentee return envelope. The envelope containing your ballot must be received by the election authority not later than 7 p.m. on the day of the election. After voting the paper ballot— INSTRUCTIONS FOR MARKING BALLOT(S) USE A BLACK OR BLUE PEN; VOTE BOTH SIDES OF BALLOT 1. On receipt of this ballot, the voter shall prepare the ballot for voting in the following manner: (a) The voter should fill in the circle immediately to the left of the names of candidates for whom he/she wishes to vote; and (b) If the voter desires to vote for one (1) or more candidates whose name or names do not appear on the printed ballot, he/ she may do so by writing the name of the person for whom he/she desires to vote and filling in the circle at the left of such name on the printed ballot in the column provided for write-ins. 2. All candidates of the party whose circle is marked shall be counted as voted. If two (2) or more candidates for the same office are thus designated, neither shall be counted. 3. It is unlawful to deface or tear a ballot in any manner or to erase any printed name, figure, word, or letter therefrom, or to erase any mark made thereon by the voter. 4. A ballot without any marks shall not be counted. Ballots shall be counted only for the person for whom the marks thereon are applicable; when a voter places a mark against two (2) or more names for the same office, and only one (1) candidate is to be chosen for the office, none of the candidates is deemed to have been voted for and the ballot shall not be counted for either candidate. 5. All ballots must be returned to the election authority no later than 7:00 p.m. on election day in order to be counted. AUTHORITY: section 115.225, RSMo Supp. 2023.* Original rule filed March 31, 1972, effective April 10, 1972. Amended: Filed Sept. 15, 1972, effective Sept. 25, 1972. Emergency amendment filed Oct. 8, 1976, effective Oct. 18, 1976, expired Feb. 15, 1977. Amended: Filed Nov. 18, 1976, effective March 11, 1977. Amended: Filed April 7, 1978, effective July 13, 1978. Emergency rescission filed Oct. 5, 1982, effective Nov. 2, 1982. Emergency rule filed Oct. 5, 1982, effective Nov. 2, 1982, expired Feb. 2, 1983. Rescinded and readopted: Filed Oct. 5, 1982, effective Feb. 11, 1983. Amended: Filed Nov. 29, 2023, effective June 30, 2024. *Original authority: 115.225, RSMo 1977, amended 1993, 1995, 2002, 2006, 2018, 2022.